[Congressional Record Volume 170, Number 90 (Thursday, May 23, 2024)]
[Senate]
[Pages S3898-S3899]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PROMOTING A RESOLUTION TO THE TIBET-CHINA DISPUTE ACT
Mr. SCHUMER. Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 367, S. 138.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 138) to amend the Tibetan Policy Act of 2002 to
modify certain provisions of that Act.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Foreign Relations with an
amendment to strike all after the enacting clause and insert in lieu
thereof the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Promoting a Resolution to
the Tibet-China Dispute Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) It has been the long-standing policy of the United
States to encourage meaningful and direct dialogue between
representatives of the People's Republic of China and the
Dalai Lama, his or her representatives, or democratically
elected leaders of the Tibetan community, without
preconditions, to seek a settlement that resolves
differences.
(2) Nine rounds of dialogue held between 2002 and 2010
between the People's Republic of China authorities and the
14th Dalai Lama's representatives failed to produce a
settlement that resolved differences, and the two sides have
held no formal dialogue since January 2010.
(3) An obstacle to further dialogue is that the Government
of the People's Republic of China continues to impose
conditions on substantive dialogue with the Dalai Lama,
including a demand that he say that Tibet has been part of
China since ancient times, which the Dalai Lama has refused
to do because it is inaccurate.
(4) Article 1 of the International Covenant on Civil and
Political Rights and Article 1 of the International Covenant
on Economic, Social and Cultural Rights provide, ``All
peoples have the right of self-determination. By virtue of
that right they freely determine their political status and
freely pursue their economic, social and cultural
development.''.
(5) The United States Government has never taken the
position that Tibet was a part of China since ancient times.
(6) China signed the International Covenant on Civil and
Political Rights on October 5, 1998, and ratified the
International Covenant on Economic, Social and Cultural
Rights on March 27, 2001.
(7) Under international law, including United Nations
General Assembly Resolution 2625, the right to self-
determination is the right of a people to determine its own
destiny and the exercise of this right can result in a
variety of outcomes ranging from independence, federation,
protection, some form of autonomy, or full integration within
a State.
(8) United Nations General Assembly Resolution 1723,
adopted on December 20, 1961, called for the ``cessation of
practices which deprive the Tibetan people of their
fundamental human rights and freedoms, including their right
to self-determination''.
(9) Secretary of State Antony Blinken, in a May 26, 2022,
speech entitled ``The Administration's Approach to the
People's Republic of China'', said that the rules-based
international order's ``founding documents include the UN
Charter and the Universal Declaration of Human Rights, which
enshrined concepts like self-determination, sovereignty, the
peaceful settlement of disputes. These are not Western
constructs. They are reflections of the world's shared
aspirations.''.
(10) The Tibetan Policy Act of 2002 (22 U.S.C. 6901 note),
as amended by the Tibetan Policy and Support Act of 2020
(subtitle E of title III of division FF of Public Law 116-
260), in directing the United States Government ``to promote
the human rights and distinct religious, cultural,
linguistic, and historical identity of the Tibetan people''
acknowledges that the Tibetan people possess a distinct
religious, cultural, linguistic, and historical identity.
(11) Department of State reports on human rights and
religious freedom have consistently documented systematic
repression by the authorities of the People's Republic of
China against Tibetans as well as acts of defiance and
resistance by Tibetan people against the People's Republic of
China policies.
(12) The Tibetan Policy Act of 2002 (22 U.S.C. 6901 note)
specifies that the central objective of the United States
Special Coordinator for Tibetan Issues is to promote
substantive dialogue between the Government of the People's
Republic of China and the Dalai Lama, his or her
representatives, or democratically elected leaders of the
Tibetan community.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) that the Tibetan people are a people with a distinct
religious, cultural, linguistic, and historical identity;
(2) that the dispute between Tibet and the People's
Republic of China must be resolved in accordance with
international law, including the United Nations Charter, by
peaceful means, through dialogue without preconditions;
(3) that the People's Republic of China should cease its
propagation of disinformation about the history of Tibet, the
Tibetan people, and Tibetan institutions, including that of
the Dalai Lama;
(4) to encourage the People's Republic of China to ratify
the International Covenant on Civil and Political Rights and
uphold all its commitments under the International Covenant
on Economic, Social and Cultural Rights; and
(5) in accordance with the Tibetan Policy and Support Act
of 2020--
(A) to promote substantive dialogue without pre-conditions,
between the Government of the People's Republic of China and
the Dalai Lama, his or her representatives, or democratically
elected leaders of the Tibetan community, or explore
activities to improve prospects for dialogue, that leads to a
negotiated agreement on Tibet;
(B) to coordinate with other governments in multilateral
efforts towards the goal of a negotiated agreement on Tibet;
and
(C) to encourage the Government of the People's Republic of
China to address the aspirations of the Tibetan people with
regard to their distinct historical, cultural, religious, and
linguistic identity.
SEC. 4. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) claims made by officials of the People's Republic of
China and the Chinese Communist Party that Tibet has been a
part of China since ancient times are historically
inaccurate;
(2) the current policies of the People's Republic of China
are systematically suppressing the ability of the Tibetan
people to preserve their religion, culture, language,
history, way of life, and environment;
(3) the Government of the People's Republic of China is
failing to meet the expectations of the United States to
engage in meaningful dialogue with the Dalai Lama or his
representatives or to reach a negotiated resolution that
includes the aspirations of the Tibetan people; and
(4) United States public diplomacy efforts should counter
disinformation about Tibet from the Government of the
People's Republic of China and the Chinese Communist Party,
including disinformation about the history of Tibet, the
Tibetan people, and Tibetan institutions, including that of
the Dalai Lama.
SEC. 5. MODIFICATIONS TO THE TIBETAN POLICY ACT OF 2002.
(a) Tibet Negotiations.--Section 613(b) of the Tibetan
Policy Act of 2002 (22 U.S.C. 6901 note) is amended--
(1) in paragraph (2), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) efforts to counter disinformation about Tibet from
the Government of the People's Republic of China and the
Chinese Communist Party, including disinformation about the
history of Tibet, the Tibetan people, and Tibetan
institutions, including that of the Dalai Lama.''.
(b) United States Special Coordinator for Tibetan Issues.--
Section 621(d) of the Tibetan Policy Act of 2002 (22 U.S.C.
6901 note) is amended--
(1) by redesignating paragraphs (6), (7), and (8) as
paragraphs (7), (8), and (9), respectively; and
(2) by inserting after paragraph (5) the following new
paragraph:
``(6) work with relevant bureaus of the Department of State
and the United States Agency for International Development to
ensure that United States Government statements and documents
counter, as appropriate, disinformation about Tibet from the
Government of the People's Republic of China and the Chinese
Communist Party, including disinformation about the history
of Tibet, the Tibetan people, and Tibetan institutions,
including that of the Dalai Lama;''.
(c) Definition.--The Tibetan Policy Act of 2002 (22 U.S.C.
6901 note) is amended by adding at the end the following new
section:
``SEC. 622. DEFINITION.
``For purposes of this Act, the term `Tibet' refers to the
following areas:
``(1) The Tibet Autonomous Region.
``(2) The areas that the Government of the People's
Republic of China designated as Tibetan Autonomous, as of
2018, as follows:
``(A) Kanlho (Gannan) Tibetan Autonomous Prefecture, and
Pari (Tianzhu) Tibetan Autonomous County located in Gansu
Province.
``(B) Golog (Guoluo) Tibetan Autonomous Prefecture, Malho
(Huangnan) Tibetan Autonomous Prefecture, Tsojang (Haibei)
Tibetan Autonomous Prefecture, Tsolho (Hainan) Tibetan
Autonomous Prefecture, Tsonub (Haixi) Mongolian and Tibetan
Autonomous Prefecture, and Yulshul (Yushu) Tibetan Autonomous
Prefecture, located in Qinghai Province.
``(C) Garze (Ganzi) Tibetan Autonomous Prefecture, Ngawa
(Aba) Tibetan and Qiang Autonomous Prefecture, and Muli
(Mili) Tibetan Autonomous County, located in Sichuan
Province.
``(D) Dechen (Diqing) Tibetan Autonomous Prefecture,
located in Yunnan Province.''.
SEC. 6. AVAILABILITY OF AMOUNTS TO COUNTER DISINFORMATION
ABOUT TIBET.
Amounts authorized to be appropriated or otherwise made
available under section 346 of the Tibetan Policy and Support
Act of 2020 (subtitle E of title III of division FF of Public
Law 116-260) are authorized to be made available to counter
disinformation about Tibet from the Government of the
People's Republic of China and the Chinese Communist Party,
including disinformation about the history of Tibet, the
Tibetan people, and Tibetan institutions, including that of
the Dalai Lama.
Mr. SCHUMER. I ask unanimous consent that the committee-reported
substitute amendment be agreed to; that
[[Page S3899]]
the bill, as amended, be considered read a third time and passed; and
that the motion to reconsider be considered made and laid upon the
table with no intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee-reported amendment, in the nature of a substitute, was
agreed to.
The bill, as amended, was ordered to be engrossed for a third
reading, was read the third time and passed.
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